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ORDER adopting 4 Report and Recommendations. The Petition for Writ of Habeas Corpus (ECF No. 1 at Civil Action No. 13-0496) is DISMISSED without prejudice.IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 4 at 13-cv-0496) date d April 22, 2013, as supplemented by the foregoing memorandum opinion, is ADOPTED as the opinion of the court. A Certificate of Appealability should be issued only when a petitioner has made a substantial showing of a denial of a constitutional right . 28 U.S.C. § 2254(c)(2). Here, the record fails to show a violation of Petitioner's constitutional rights. Accordingly, no Certificate of Appealability will issue. The Clerk of Court shall mark these cases CLOSED. NOTICE: Pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Joy Flowers Conti on 6/12/2013. (smc )

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